This time last year, I was showing property to some friends in their late 60's. We were looking in an area that has a few folks their age, but it's mostly the young and hip. While we were looking at the house they eventually bought, the husband, one of the country's leading constitutional lawyers, asked what he considered an innocent a question about the demographics.
My response? My standard -
"Ya know, I can't have this conversation with anyone - not even you guys! Not even my Mother! Or I can lose my license and maybe wind up in the slammer!"
When I went over the list of "protected classes", they covered pretty much everything. And in DC, add to the Federal classes political affiliation, personal appearance and a bunch of other groups - you gotta watch your mouth!
"You mean you cannot give clients information that could impact their quality of life in a particular neighborhood?" he asked.
He felt strongly that this law, or at least this part of it, flew in the face of the First Amendment to the United States Constitution. You know - free speech! He promised that if I ever crossed the line and got busted, he would love to take my case to the Supreme Court.
"Whoa!" I replied! "This is one test case I don't want to be near!" And I don't care how many cases he's argued before the Supreme Court - and won!
There have been a lot of times these laws showed up as annoying, both to me and to clients. At the same time, I can understand why we have them.
I listed a house in my neighborhood once owned by a sweet elderly lady who moved here in the early 1950's - a time when none of the neighbors looked like her. She drove by the house, saw the sign, and she and her husband tried to get an appointment to see it. When the agent met them, he suggested they (1) couldn't afford the place - they could, (2) they wouldn't like it - they did, and finally (3) they would not be welcome - they didn't care. She said buying that house was the worst experience of her life, and she was really glad they did finally get the house - she and her husband had had a happy life there and raised a wonderful family.
Nobody should suffer this kind of discrimination to buy a house. And I do believe there should be laws to prevent it.
But do the current laws really serve the people they are designed to protect?
Once I had an attractive African American couple bristle at an Open House because I couldn't tell them if the neighborhood was integrated or not. "We want a diverse neighborhood! We are the protected class!" They were stunned.
A relocating young man asked me to show him homes only in the area "Gayborhoods", That one got a little dicey. I gave him a copy of the Washington Blade, and he settled on the Dupont or Logan Circle, but I had to let him identify those areas.
Other buyers wanted to be able to walk to a synagogue. Oops! Mark up the map for me. Yes, I knew they probably meant Cleveland Park, but they had to tell me, not the other way around.
I was showing homes to a couple with young children and they wanted a home with nearby playmates. But once again, it was a conversation we couldn't have. They kept their eyes open for kid paraphernalia on front porches and back yards.
I do think its very, very wrong to steer people to or away from a neighborhood based on any of the categories covered in these laws, but what if they ask you "Where do the people like me live? I want to go there!" That is a question I think we should be able to answer.
I don't even think about answering these questions. But I think it's wrong not to be able to without courting the courtroom.
Like most agents, I've found other ways to get people information about the areas they are considering. There are many websites for the various neighborhood associations, schools and even demographic information. People can check out old articles from the Washington Post columns, "Where We Live". I've suggested that people do what I did when I bought in an unfamiliar neighborhood - I drove to my new street at about six in the evening as people were coming home from work. And I chatted with them.
Neighbors, pastors, school principals and web sites are all good ways to get information, and perhaps it is better if our clients make these types of judgment calls without putting them through our filters.
What do you think?